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(영문) 전주지방법원 군산지원 2018.08.24 2018고단513
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On April 15, 2013, the Defendant was issued a summary order of KRW 6 million by the Jeonju District Court due to a violation of Road Traffic Act (driving). On April 1, 2015, the Defendant was issued a summary order of KRW 1,50,000 as a fine in the Jeonju District Court’s military mountain support.

[2] On April 27, 2018, the Defendant: (a) driven a C Car while under the influence of alcohol content of approximately 0.071% from a section of approximately 200 meters to the front road of the non-exclusive church located in the same Dong from the EL electronic service in the Sonsan-si, Gosan-si; (b) around 22:57 on April 27, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver driving a drinking, notification of the results of crackdown on drinking driving, and on-site photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of suspect's history of driving alcohol), and a copy of a summary order;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44-2 (1) of the Road Traffic Act concerning criminal facts, the selection of imprisonment for a crime (such consideration as the fact that there has been two times a drinking driver and one time a licenseless driver has been punished for driving, etc.);

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act for Reduction of Small Quantity ( Consideration in the following cases: (a) the fact that a defendant acknowledges and reflects a crime; (b) the fact that only the defendant was punished by a fine since 2000; and (c) the fact that the amount of alcohol concentration in blood is not significantly high;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a course under Article 62-2 of the Criminal Act;

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